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Calendar No. 750 

118TH CONGRESS 

2D SESSION S. 5319 

[Report No. 118–330] 

To amend the Homeland Security Act of 2002 to direct the Under Secretary 

for Intelligence and Analysis of the Department of Homeland Security 

to conduct an annual audit of the information systems and bulk data 

of the Office of Intelligence and Analysis of the Department, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2024 

Mr. PETERS introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported by Mr. PETERS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Homeland Security Act of 2002 to direct 

the Under Secretary for Intelligence and Analysis of 

the Department of Homeland Security to conduct an 

annual audit of the information systems and bulk data 

of the Office of Intelligence and Analysis of the Department, and for other purposes. 


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S 5319 RS1S 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DHS Intelligence and 

5 Analysis Oversight and Transparency Act’’. 

6 SEC. 2. ANNUAL AUDIT OF DHS OFFICE OF INTELLIGENCE 

7 AND ANALYSIS INFORMATION SYSTEMS AND 

8 BULK DATA. 

9 (a) IN GENERAL.—Subtitle A of title II of the Home10 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend11 ed by adding at the end the following: 

12 ‘‘SEC. 210H. ANNUAL AUDIT OF INFORMATION SYSTEMS 

13 AND BULK DATA. 

14 ‘‘(a) DEFINITION.—In this section, the term ‘appro15 priate congressional committees’ means the Committee on 

16 Homeland Security and Governmental Affairs and the Se17 lect Committee on Intelligence of the Senate and the Com18 mittee on Homeland Security and the Permanent Select 

19 Committee on Intelligence of the House of Representa20 tives. 

21 ‘‘(b) AUDIT.—The Under Secretary for Intelligence 

22 and Analysis of the Department shall conduct an annual 

23 audit of the information systems and bulk data of the Of24 fice of Intelligence and Analysis, which shall be consistent 


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S 5319 RS1S 

1 with the intelligence oversight guidelines of the Office of 

2 Intelligence and Analysis. 

3 ‘‘(c) REPORT.—Not later than 30 days after the con4 clusion of the audit under subsection (b), the Under Sec5 retary for Intelligence and Analysis of the Department 

6 shall submit to the appropriate congressional committees 

7 the findings and results of such audit.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of the Homeland Security Act of 2002 

10 (Public Law 107–296; 116 Stat. 2135) is amended by in11 serting after the item relating to section 210G the fol12 lowing: 

‘‘Sec. 210H. Annual audit of information systems and bulk data.’’. 

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘DHS Intelligence and 

15 Analysis Oversight and Transparency Act’’. 

16 SEC. 2. ANNUAL AUDIT OF DHS OFFICE OF INTELLIGENCE 

17 AND ANALYSIS INFORMATION SYSTEMS AND 

18 BULK DATA. 

19 (a) IN GENERAL.—Subtitle A of title II of the Home20 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amended 

21 by adding at the end the following: 

22 ‘‘SEC. 210H. ANNUAL AUDIT OF INFORMATION SYSTEMS 

23 AND BULK DATA. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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S 5319 RS1S 

1 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘appropriate congressional commit3 tees’ means the Committee on Homeland Security and 

4 Governmental Affairs and the Select Committee on 

5 Intelligence of the Senate and the Committee on 

6 Homeland Security and the Permanent Select Com7 mittee on Intelligence of the House of Representatives. 

8 ‘‘(2) BULK DATA.—The term ‘bulk data’ means 

9 large quantities of data acquired without the use of 

10 discriminants, a significant portion of which are not 

11 reasonably likely to have intelligence or operational 

12 value. 

13 ‘‘(3) DISCRIMINANTS.—The term ‘discriminants’ 

14 means identifiers and selection terms. 

15 ‘‘(b) AUDIT.—The Under Secretary for Intelligence 

16 and Analysis of the Department shall conduct an annual 

17 audit of the information systems and bulk data of the Office 

18 of Intelligence and Analysis, which shall be consistent with 

19 the intelligence oversight guidelines of the Office of Intel20 ligence and Analysis. 

21 ‘‘(c) REPORTS AND REVIEWS.— 

22 ‘‘(1) REPORT TO CONGRESS.—Not later than 30 

23 days after the conclusion of the audit under sub24 section (b), the Under Secretary for Intelligence and 

25 Analysis of the Department shall submit to the approVerDate Sep 11 2014 20:59 Jan 08, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S5319.RS S5319

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1 priate congressional committees the findings and re2 sults of such audit. 

3 ‘‘(2) GAO REVIEW.—Not later than 4 years after 

4 the date of enactment of the DHS Intelligence and 

5 Analysis Oversight and Transparency Act, the Comp6 troller General of the United States shall provide the 

7 appropriate congressional committees with a review 

8 of the implementation of the annual audit require9 ment in subsection (b), challenges in the implementa10 tion of the requirement, and recommendations for im11 proving the audit. 

12 ‘‘(3) NOTIFICATION.—The Under Secretary for 

13 Intelligence and Analysis of the Department shall 

14 provide the appropriate congressional committees 

15 with— 

16 ‘‘(A) a notification not later than 30 days 

17 after the initial analysis or other intelligence use 

18 of information in a bulk data set and the associ19 ated terms and conditions; and 

20 ‘‘(B) an update not later than 30 days after 

21 any changes to terms and conditions related to 

22 the use of a bulk data set.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents in 

24 section 1(b) of the Homeland Security Act of 2002 (Public 


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S 5319 RS1S 

1 Law 107–296; 116 Stat. 2135) is amended by inserting 

2 after the item relating to section 210G the following: 

‘‘Sec. 210H. Annual audit of information systems and bulk data.’’. 


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Calendar No. 750 

118TH CONGRESS 

2D SESSION S. 5319 

[Report No. 118–330] 

A BILL 

To amend the Homeland Security Act of 2002 to 

D

other purposes. ligence and Analysis of the Department, and for tion systems and bulk data of the Office of Intelrity to conduct an annual audit of the informaAnalysis of the Department of Homeland Secudirect the Under Secretary for Intelligence and 

ECEMBER 19 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


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